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01/24/2017 02:30:19 PM
RESOLUTION NO. 13571
A RESOLUTION VACATING A DRAINAGE AND
DETENTION EASEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following easement:
All of the Drainage and Detention Easement located within a portion of Lots 1
and 2, Block 1, Trinity Life Subdivision, filed for record on October 21, 1998 at
Reception No. 1244702 in the records of the Pueblo County Clerk and
Recorder, County of Pueblo, State of Colorado.
is hereby vacated.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution to effectuate the policies and
procedures described herein.
SECTION 3.
This Resolution shall be approved but shall not become effective until the final
vacation plat is recorded in the office of the Pueblo County Clerk and Recorder. If the
vacation plat is not recorded within one (1) year after of this Resolution, or within any
extended period granted by Resolution of the City Council, this Resolution shall
automatically be rescinded and repealed thirty (30) days after written notice of such
rescission and repeal is given to the applicant. No vested rights shall accrue to the
subdivision or be acquired until this Ordinance becomes effective.
Le,co
Le), *Co INTRODUCED: November 28, 2016
BY: Ed Brown
J wc en raer r,raAo•
, if 4a APPROV _
o, oo PRE DENT OF CITY COUNCIL
ATTESTED BY: A.
ITY CLERK
City Clerk’s Office Item # M-5
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
November 28, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:A RESOLUTION VACATING A DRAINAGE AND DETENTION
EASEMENT
SUMMARY:
The applicant is requesting to vacate a drainage and detention easement, located within
Lots 1 and 2, Block 1, Trinity Life Subdivision.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate all of the drainage and detention easement, located
at the rear of Lots 1 and 2, Block 1, Trinity Life Subdivision. In 1998 a new commercial
building was constructed at 2430 Oakshire Lane and in 2007 a new commercial building
was constructed at 2400 Oakshire Lane. The applicant is now seeking approval to
combine the two (2) parcels (LL-16-08) and the two (2) buildings into one (1) structure
with an addition to both buildings (C-16-26). The proposed addition will encroach into the
drainage and detention easement; therefore, the drainage and detention easement must
be removed and recreated to fit with the new construction and the configuration of the
new detention pond. The Stormwater Department has no issues with the vacation of the
easement, but will require a new drainage and detention easement be granted to the City
of Pueblo by separate instrument (not platted but by separate, recorded, document) and
recorded prior to the issuance of a building permit.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 9th, 2016 Regular Meeting,
voted 4-0-1 (Schilling and Castellucci absent and Eslinger abstained) to recommend
approval with the following condition of approval:
1. The proposed drainage and/or detention easement(s) that will be granted by
separate instrument shall encompass the proposed reconfigured detention
pond and must be granted to the City, accepted by City Council, and recorded
before a building permit is issued
The condition of approval has been complied with by the applicant.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission Public
Hearing to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
ALTERNATIVES:
If City Council does not approve this Resolution, the easement would remain in its current
configuration.
Upon request of City Council, the Resolution could be returned to the Planning and Zoning
Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Minutes of the Planning and Zoning Commission November 9, 2016
Public Hearing
Memorandum from the Department of Public Works Dated
November 17th, 2016
Planning and Zoning Commission Staff Report with Exhibits